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- Gwreiddiol (Fel y'i Deddfwyd)
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1(1)In this Schedule, in relation to a community order—E+W
“appropriate court” means—
if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);
[F1if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;]
if the community order is a Crown Court community order [F2and does not fall within paragraph (aa)], the Crown Court;
in any other case, a magistrates' court acting in the offender's home local justice area;
“treatment requirement”, in relation to a community order, means—
a mental health treatment requirement of the order,
a drug rehabilitation requirement of the order, or
an alcohol treatment requirement of the order.
(2)In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
Textual Amendments
F1Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(a)
F2Words in Sch. 10 para. 1 inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 12(2)(b)
Commencement Information
I1Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
2(1)In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.E+W
(2)An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
(3)In sub-paragraph (2) “public sector provider” means—
(a)a probation trust or other public body, or
(b)the Secretary of State.
Commencement Information
I2Sch. 10 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
3E+WIn this Schedule—
“community order subject to magistrates' court supervision” means a community order which—
was made by a magistrates' court, or
was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);
“Crown Court community order” means a community order which—
was made by the Crown Court, and
does not include a direction under that section.
Commencement Information
I3Sch. 10 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
4E+WFor the purposes of this Schedule—
(a)a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;
(b)a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.
Commencement Information
I4Sch. 10 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
5E+WA community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
Commencement Information
I5Sch. 10 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
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